Obamacare is not 'settled law'

5:12 PM,
Oct. 8, 2013

Written by

Gerard Magliocca

The Affordable Care Act was passed by Congress, signed by President Obama, upheld by the Supreme Court and reconfirmed by the president's re-election. Many of its provisions have gone into effect. As Democrats have taken to saying, it is the law of the land.

But contrary to what the president suggested in the Rose Garden this past week, that does not mean Obamacare is "settled, and it is here to stay." And it is not illegitimate for Republicans to use every lawful means at their disposal to stand in its way.

Lawyers use the term "settled law" to describe court decisions that clearly establish a ...